Managing partner Brad Zimmerman with partner Aaron Halpern settled a complicated obstetrical case where a vacuum was utilized by the obstetrician and negligently placed upon the infant’s forehead, resulting in a shearing and tearing of the newborn’s vasculature and causing a subgaleal bleed to the brain.
As a result of the forceful impact, the child’s head was caused to swell dramatically, resulting in a pooling of the blood, which caused the normal autoregulation of the vascular system to be impaired prevented oxygen from reaching various portions of the brain.
The infant’s brain tissue died, and they tragically suffer from the impacts of a traumatic brain injury at such a young age.
Fuchsberg attorneys were able to obtain highly qualified experts in the field of obstetrics, pediatric neurology, pediatric neuroradiology, and physical medicine rehabilitation to prove their case beyond question.
Although the defendants attempted to claim that the infant suffered from autism without an idiopathic reason for the cause, at the end of the litigation it was clear beyond question that the only causes that could be considered in this matter was the brutal manipulation of the vacuum and the barbaric nature of its impact.
The case was settled before a prominent Supreme Court judge with the defense recognizing that there was absolutely no justification for their actions.
The child will be entered into the medical indemnity fund which will pay for their medical care for a lifetime.
The Jacob Fuchsberg Law Firm is proud to represent children injured at birth and to help prevent such horrible tragedies from occurring in the future.